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. anne makovec is at san quentin prison in marin county to tell us why. >> reporter: if the plan that was in effect on monday would have stuck, albert greenwood brown would be dead right now but he is alive behind me at san quentin this morning because of a decision by a federal judge last evening. brown would have been california's first execution in almost five years, but judge fogel suspended the execution until he finishes reviewing a lawsuit against california's lethal injection procedure. concerns that it's cruel and unusual punishment. if the first of three drugs administered doesn't work properly, the inmate could suffer extreme pain from the third drug which stops the heart. the family of brown's victim just wants it over with. here's her brother speaking about what it was like after his 15-year-old sister disappeared. >> i remember getting in the truck with my father and... [ crying ] >> ... driving up and down the... uhm....... driving up and down the streets, you know, callingherr name. >> reporter: the stay of execution is being appealed to the state court of appeal
the u.s. this time south texas is in its path. the national hurricane center says the center of tropical storm hermine has crossed the rio grande. it's about 10 miles southwest of harlinjen. top winds 60 miles an hour. but it's the rain that's causing the most concern up to 8" can be expected in much of south texas with as much as a foot in some isolated areas. tropical storm warning in effect from san fernando, mexico, north to port o'connor, texas. >>> a common phrase or bart trains, these days might be what? >> a "san francisco chronicle" reporter surveyed all 208 miles of the bart rails with a sound level meter. he found noise level 90 decibels or louder at 23 locations. our question of the day, do you think it's too noisy on bart train trains? send us your answers at mornings@cbs5.com. sometimes it gets a little loud. mornings@cbs5.com. we're also on facebook and twitter. >>> coming up, who will benefit most when companies start hiring again? >> and it was so nice around the bay area yesterday, big- time changes in the forecast for today. details coming up. [ male announcer ] we we
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